South Africa
- Boundary Delimitation
- Direct Democracy
- Electoral Management
- Electoral Systems
- Legislative Framework
- Media and Elections
- Parties and Candidates
- Vote Counting
- Voter Education
- Voting Operations
- Voter Registration
Boundary Delimitation
BD01 Are constituencies delimited for election purposes?
b. No, existing regional/provincial/other boundaries are used
Comments: The National Assembly and the Provincial Legislatures are elected from national and provincial constituencies from party lists. The number of members returned by each constituency is proportional to the number of voters in the constituency. However, municipal elections require ward demarcation.
Source: Electoral Act 1998, Schedule 1A. Local Government Municipal Structures Act, 1998, Schedule 1.
Last updated: 2007-10-10 10:09:48 UTC
BD03 On what criteria are the boundaries drawn?
a. "Equality" of population
b. Respecting natural barriers
c. Compactness of constituencies
f. Communities of interest/cultural concerns
g. Other
Comments: a. The number of registered voters in each ward, may not vary by more than fifteen per cent from the norm, where the norm is determined by dividing the total number of registered voters on the municipality’s segment of the national common voters roll by the number of wards in the municipality. g. To enhance participatory democracy in local government.
Source: Local Government Municipal Structures Act, 1998, Schedule 1, 4.
Last updated: 2007-10-10 10:09:48 UTC
BD05 The body responsible for drawing the boundaries is:
d. Electoral management body
f. Other
Comments: The Demarcation Board, after consultation with the Independent Electoral Commission, delimits municipalities that must have wards, into wards.
Source: Local Government Municipal Structures Act, 1998, Schedule 1, 2.
Last updated: 2007-10-10 10:09:48 UTC
Direct Democracy
DD01 Please provide information about the person completing the questionnaire.
a. Name and Title: Mr. Sydney Letsholo
b. Job Title: Research Assistant
c. Organisation: EISA
d. Contact Address. 14 Park Road, Richmond, Johannesburg, South Africa
e. Telephone: 0027-11-4825495
f. Facsimile: 0027-11-4826163
g. Email: sydney@eisa.org.za
Last updated: 2006-10-17 15:10:31 UTC
DD02 Which forms of direct democracy, if any, are currently possible at the national level?
Please check the glossary for the definition of the following terms:
b. Optional referendum
Comments: Optional referendums may be proclaimed by the executive in terms of an Act of Parliament.
Source: The 1996 Constitution of South Africa, section 84. 2(g)
Last updated: 2006-10-17 15:13:32 UTC
DD03 What is the legal basis for mandatory referendums at the national level?
e. Not applicable
Last updated: 2006-10-17 15:13:32 UTC
DD04 What is the legal basis for optional referendums at the national level?
a. Constitutional
Source: The 1996 Constitution of South Africa
Last updated: 2006-10-17 15:14:21 UTC
DD05 What is the legal basis for citizens' initiatives at the national level?
e. Not applicable
Last updated: 2006-10-17 15:14:21 UTC
DD06 What is the legal basis for agenda initiatives at the national level?
e. Not applicable
Last updated: 2006-10-17 15:14:21 UTC
DD07 What is the legal basis for recalls at the national level?
e. Not applicable
Last updated: 2006-10-17 15:14:21 UTC
DD08 What is the legal basis for the administrative requirements for mandatory referendums at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
a. Constitutional
e. Not applicable
Last updated: 2006-10-17 15:25:25 UTC
DD09 What is the legal basis for the administrative requirements for optional referendums at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
a. Constitutional
Source: The 1996 Constitution of South Africa
Last updated: 2006-10-17 15:25:25 UTC
DD10 What is the legal basis for the administrative requirements for citizens' initiatives at the national level?
Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
e. Not applicable
Last updated: 2006-10-17 15:26:12 UTC
DD106 Which organisation(s), if any, is responsible for running non-partisan information or voter education campaigns to inform voters about the issue being addressed in a referendum?
a. Agency/department responsible for the administration of direct democracy mechanisms
Source: Act 51 of the 1996 Electoral Commission Act
Last updated: 2006-10-17 16:17:08 UTC
DD107 Which organisation(s), if any, is responsible for running non-partisan information or voter education campaigns to inform voters about the issue being addressed in an initiative?
g. Not applicable
Last updated: 2006-10-17 16:18:24 UTC
DD108 Which organisation(s), if any, is responsible for running non-partisan information or voter education campaigns to inform voters about the issue being addressed in a recall?
g. Not applicable
Last updated: 2006-10-17 16:18:24 UTC
DD109 What activities, if any, are undertaken as part of non-partisan information or voter education campaigns for a referendum?
a. Information booklets
b. Leaflets and pamphlets
c. Radio broadcasts
d. TV broadcasts
e. Press advertisements
f. Website
Last updated: 2006-10-17 16:18:24 UTC
DD11 What is the legal basis for the administrative requirements for agenda initiatives at the national level?
Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
e. Not applicable
Last updated: 2006-10-17 15:26:12 UTC
DD110 What activities, if any, are undertaken as part of non-partisan information or voter education campaigns for an initiative?
i. Not applicable
Last updated: 2006-10-17 16:18:24 UTC
DD111 What activities, if any, are undertaken as part of non-partisan information or voter education campaigns for a recall?
i. Not applicable
Last updated: 2006-10-17 16:18:24 UTC
DD112 Which of the following controls, if any, apply in relation to campaigning for or against the issue being addressed in a referendum?
g. None
Last updated: 2006-10-17 16:21:28 UTC
DD113 Which of the following controls, if any, apply in relation to campaigning for or against the issue being addressed in an initiative?
h. Not applicable
Last updated: 2006-10-17 16:21:28 UTC
DD114 Which of the following controls, if any, apply in relation to campaigning for or against the issue being addressed in a recall?
h. Not applicable
Last updated: 2006-10-17 16:21:28 UTC
DD115 What is the period during which these controls apply for a referendum?
c. Not applicable
Last updated: 2006-10-17 16:21:28 UTC
DD116 What is the period during which these controls apply for an initiative?
c. Not applicable
Last updated: 2006-10-17 16:21:28 UTC
DD117 What is the period during which these controls apply for a recall?
c. Not applicable
Last updated: 2006-10-17 16:21:28 UTC
DD118 Which campaigners, if any, are entitled to some forms of public assistance for a referendum? Specify in the “Comments” section below.
d. No campaign organisations
Last updated: 2006-10-17 16:21:28 UTC
DD119 Which campaigners, if any, are entitled to some forms of public assistance for an initiative? Specify in the “Comments” section below.
f. Not applicable
Last updated: 2006-10-17 16:21:28 UTC
DD12 What is the legal basis for the administrative requirements for recalls at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
e. Not applicable
Last updated: 2006-10-17 15:26:12 UTC
DD120 Which campaigners, if any, are entitled to some forms of public assistance for a recall? Specify in the “Comments” section below.
f. Not applicable
Last updated: 2006-10-17 16:21:28 UTC
DD121 Which forms of public assistance, if any, are provided for a referendum?
Specify in the “Comments” section below.
f. None
Last updated: 2006-10-17 16:21:28 UTC
DD122 Which forms of public assistance, if any, are provided for an initiative?
Specify in the “Comments” section below.
g. Not applicable
Last updated: 2006-10-17 16:21:28 UTC
DD123 Which forms of public assistance, if any, are provided for a recall?
Specify in the “Comments” section below.
g. Not applicable
Last updated: 2006-10-17 16:21:28 UTC
DD13 When were direct democracy mechanisms first introduced into the legal framework at the national level?
Date (yyyy)
b. Optional referendum 1994
Last updated: 2006-10-18 12:10:07 UTC
DD14 When was an administrative framework for direct democracy mechanisms first introduced at the national level? Date (yyyy)
b. Optional referendum 1994
Last updated: 2006-10-18 12:10:07 UTC
DD15 Who is responsible for managing the administration of direct democracy mechanisms at the national level?
b. Independent electoral commission
Source: The 1996 Electoral Commission Act, Chapter 2.2 (a)
Last updated: 2006-10-17 15:32:00 UTC
DD16 Does this agency/department also manage the administration of national elections?
a. Yes
Last updated: 2006-10-17 15:38:09 UTC
DD17 Are mandatory referendums currently possible at first tier (regions/states/provinces, etc) authority level?
c. No
Last updated: 2006-10-17 15:40:08 UTC
DD18 Are optional referendums currently possible at first tier (regions/states/provinces, etc) authority level?
c. No
Last updated: 2006-10-17 15:40:08 UTC
DD19 Are citizens' initiatives currently possible at first tier (regions/states/provinces, etc) authority level?
c. No
Last updated: 2006-10-17 15:40:08 UTC
DD20 Are agenda initiatives currently possible at first tier (regions/states/provinces, etc) authority level?
c. No
Last updated: 2006-10-17 15:40:08 UTC
DD21 Are recalls currently possible at first tier (regions/states/provinces, etc) authority level?
c. No
Last updated: 2006-10-17 15:40:08 UTC
DD22 Are mandatory referendums currently possible at local (municipalities/districts/communes, etc) authority level?
c. No
Last updated: 2006-10-17 15:40:08 UTC
DD23 Are optional referendums currently possible at local (municipalities/districts/communes, etc) authority level?
c. No
Last updated: 2006-10-17 15:40:08 UTC
DD24 Are citizens' initiatives currently possible at local (municipalities/districts/communes, etc) authority level?
c. No
Last updated: 2006-10-17 15:40:08 UTC
DD25 Are agenda initiatives currently possible at local (municipalities/districts/communes, etc) authority level?
c. No
Last updated: 2006-10-17 15:40:08 UTC
DD26 Are recalls currently possible at local (municipalities/districts/communes, etc) authority level?
c. No
Last updated: 2006-10-17 15:40:08 UTC
DD27 What are the issues, if any, in relation to which referendums are mandatory at the national level?
l. Not applicable
Last updated: 2006-10-17 15:49:14 UTC
DD28 What are the issues, if any, in relation to which referendums are optional at the national level?
a. Constitutional amendments
Last updated: 2006-10-17 15:49:14 UTC
DD29 Which issues, if any, are excluded from being the subject of referendums at the national level?
b. Adoption of international treaties
f. Devolution
g. Civil service
h. Taxes and public expenditure commitments
Last updated: 2006-10-17 15:49:14 UTC
DD30 Which issues, if any, maybe the subject of sub-national referendums regulated at the national level?
e. None
Last updated: 2006-10-17 15:59:18 UTC
DD31 Who can initiate a referendum at the national level?
c. President
Source: The 1996 Constitution, section 84. 2(g)
Last updated: 2006-10-17 15:59:18 UTC
DD32 Who is responsible for drafting the mandatory referendum question?
g. Not applicable
Last updated: 2006-10-17 16:12:05 UTC
DD33 Who is responsible for drafting the optional referendum question?
c. President
Source: The 1996 Constitution of South Africa
Last updated: 2006-10-17 16:12:05 UTC
DD34 Which of the following, if any, are required to be included in the mandatory referendum question?
f. Not applicable
Last updated: 2006-10-17 16:12:55 UTC
DD35 Which of the following, if any, are required to be included in the optional referendum question?
a. The title of the proposal
d. The full text of the proposal
Last updated: 2006-10-17 16:12:55 UTC
DD36 Which institution(s) decides on the final form of the ballot text for mandatory referendums?
f. Not applicable
Last updated: 2006-10-17 16:14:23 UTC
DD37 Which institution(s) decides on the final form of the ballot text for optional referendums?
b. Independent electoral commission
Last updated: 2006-10-17 16:14:23 UTC
DD38 What, if any, are the quorum requirements for a mandatory referendum to be valid? Please specify numbers/percentages.
Last updated:
DD39 What, if any, are the quorum requirements for a optional referendum to be valid? Please specify numbers/percentages.
Last updated:
Electoral Management
EM01 Please provide the following contact information for the national electoral management body:
a. Name of Institution Independent Electoral Commission (IEC)
b. Full Address Election House; 260 Walker Street, Sunnyside, Pretoria. 0001 South Africa
c. Telephone + 27 12 428 5700
d. Facsimile + 27 12 428 5784 or + 27 12 341 5292
e. Email iec@elections.org.za
f. Website Address www.elections.org.za
g. Name and Title of Chairperson/President Chairperson Dr Brigalia Bam
h. Information Officer Lydia Young (youngl@elections.org.za)
i. Official language of the electoral law governing national elections English
Source: Independent Electoral Commission "Contact the IEC", [www] http://www.elections.org.za/Contact.asp
Last updated: 2007-10-10 06:57:24 UTC
EM02 Does this national electoral body have the responsibility for elections at:
a. National level
b. Regional level
c. Local level
Source: Constitution of the Republic of South Africa 1996, Article 190(1). Electoral Commission Act 1996, 5.
Last updated: 2008-01-21 13:54:04 UTC
EM04 The budget of the national electoral management body is determined by:
c. The legislature
Comments: The Electoral Commission receives its financial support from parliamentary appropriations.
Source: Electoral Commission Act 51 1996, 13.
Last updated: 2007-10-03 11:05:20 UTC
EM05 The expenditures of the national electoral management body are controlled by:
c. The legislature
Comments: The expenditure in connection with the exercise of the Commission's powers and the performance of its duties and functions shall be defrayed out of money appropriated by Parliament for that purpose or received by the Commission from any other source.
Source: Electoral Commission Act 1996, 13(1).
Last updated: 2008-01-21 13:54:04 UTC
EM06 The term of the members of the national electoral management body is:
b. For a term of _________ years
Comments: Independent Electoral Commission members serve a term of seven years unless the President, on the recommendation of the National Assembly, extends the term for a particular period.
Source: Electoral Commission Act 1996, 7(1).
Last updated: 2007-10-10 06:57:24 UTC
EM08 According to official sources, what was the estimated overall cost (in US dollars if available) of the most recent national elections?
a. estimated total: 66151310
b. Exchange rate used 8R=1US
Comments: 66 151 310 USD (1 US = 8R)
Last updated: 2008-01-21 13:54:04 UTC
EM09 What was the total number of registered voters or, where there was no voter roll, the estimated number of eligible voters?
a. Total number: 18172751
Last updated: 2008-01-21 13:54:04 UTC
EM10 What was the spending (in USD) per registered voter (NOT actual voters) or, where there was no voter roll, the estimated number of eligible voters at the last general elections?
a. USD/registered voter 3.64
b. Exchange rate used 8R=1US$
Last updated: 2007-10-03 11:05:20 UTC
EM11 What are the approximate proportions (%) of total election expenditure for the last national elections devoted to the following?
a. Voter registration and preparation of voter lists 8,2%
b. Election Management Body administration 11,6%
c. Staff/Equipment/Supplies 8,3%
d. Security 0,8%
e. Official funding of parties and candidates 7,2%
f. Voter education 15,8%
g. Materials/systems for and operation of voting stations and ballot counts 28,1%, result verification
h. Challenges, dispute resolution and legal costs 0,1%
i. Polling operations 17,6%
j. Vote tabulation 2,4%
Last updated: 2007-10-03 11:05:20 UTC
Electoral Systems
ES01 How is the Head of State selected?
a. Head of State is the Head of Government
Comments: The President is the Head of State and of government. The President is elected by the National Assembly from among its members. The National Assembly may force the President to resign by passing a vote of no confidence.
Source: Constitution of the Republic of South Africa 1996, Articles 83, 86, 202.
Last updated: 2007-10-10 06:37:39 UTC
ES02 How is the Head of Government selected?
c. Indirectly elected by legislature/chosen by parliament
Comments: The President is the head of the executive as well as head of State and appoints the Vice-President and members of the cabinet.
Source: Constitution of the Republic of South Africa 1996, Article 83, 85, 91.
Last updated: 2007-10-10 11:52:03 UTC
ES03 Does the country have a president?
a. Yes
Source: Constitution of the Republic of South Africa 1996, Article 83.
Last updated: 2007-10-10 06:41:31 UTC
ES04 The national legislature consists of (one/two chambers):
b. Two chambers
Comments: National legislative power is vested in Parliament, which consists of the National Assembly and the National Council of Provinces.
Source: Constitution of the Republic of South Africa 1996, Articles 43(a), 42(1).
Last updated: 2007-10-04 08:11:08 UTC
ES05 What is the electoral system for Chamber 1 of the national legislature?
g. List Proportional Representation
Comments: The National Assembly consists of 400 members elected in a proportional representation system (with no minimum entry threshold) and members are elected by direct universal adult franchise; 130 members are elected from national party lists, the other 270 are elected from party lists in each of the nine provinces.
Source: Constitution of the Republic of South Africa 1996, Article 46. Electoral Act of 1998, Schedule 1, Schedule 3.
Last updated: 2007-10-10 11:52:03 UTC
ES11 If special constituencies or seats are reserved in Chamber 1, specify which interest groups, and the proportion of total seats reserved for:
e. Not applicable Na
Last updated: Sun, 12 May 2002 19:20:26 GMT
Legislative Framework
LF01 What is the status of the electoral law governing national elections?
a. Part of Constitution
b. Separate legislation
d. Regulations or administrative rules
Comments: Key electoral legislation includes: Constitution of the Republic of South Africa Act, 1996. Electoral Act of 1998. Electoral Commission Act 1996. Public Funding of Represented Political Parties Act, 1997.
Last updated: 2007-10-10 06:52:10 UTC
LF03 The national electoral law covers:
a. National elections
b. Regional elections
c. Local elections
Comments: Local elections are also governed by: Local Government: Municipal Structures Act, 1998. Local Government: Municipal Demarcation Act, 1998. Local Government: Municipal Electoral Act, 2000.
Last updated: 2007-10-10 06:52:10 UTC
LF04 Is voting on the national level voluntary or compulsory?
a. Voting is voluntary
Last updated: 2007-10-04 08:36:34 UTC
LF07 What are the agency(ies) responsible for first level of formal electoral disputes?
b. EMB
c. Specially Appointed/Elected Electoral Tribunal
Comments: b. The Independent Electoral Commission (IEC) and its officer are empowered to resolve objections, appeals and code of conduct disputes through conciliation. c. Electoral Court - Election petitions are heard by the courts with the Electoral Court acting as final court of appeal. Parties must submit complaints within 48 hours of the announcement of results.
Source: Electoral Act 1998, 96, 103, 103A.
Last updated: 2007-10-10 06:52:10 UTC
Media and Elections
ME01 Please provide information about the person completing the questionnaire.
Last updated: 2007-10-10 14:02:10 UTC
ME11 What laws, if any, guarantee freedom of access to public information for representatives of the media?
Last updated: 2007-10-10 14:02:10 UTC
ME13 What are the laws, if any, which govern the operations of the public broadcaster?
Specify the date of the latest version (including latest amendments)
Last updated: 2007-10-10 14:02:10 UTC
ME18 What are the laws, if any, that provide for the safeguards for editorial autonomy in relation to the public broadcaster(s)?
Last updated: 2007-10-10 14:02:10 UTC
ME19 What are the laws, if any, which govern the granting of broadcasting licenses/frequencies to private broadcasters?
Last updated: 2007-10-10 14:02:10 UTC
ME22 What are the legal conditions, if any, under which the activities of a media outlet may be suspended?
Last updated: 2007-10-10 14:02:10 UTC
ME37 What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
a. Equal regardless of size of party and previous performance
b. Based on number of candidates put forward in present elections
c. Based on result of previous election
Comments: By law the Independent Communications Authority of South Africa (ICASA) must allocate public broadcast time to parties on the principle of equity. To do so ICASA has worked out a formula that takes into account participation of the party (a.), the number of seats currently held (c.), number of candidates fielded on the national and provincial lists (b.) and the number of candidates on the porvincial legislature lists.
Source: Independent Broadcasting Authority Act, 1993, 78(1). ICASA 2003 Elections Regulations and Guidelines - 2004 Elections, [www] http://www.icasa.org.za/Manager/ClientFiles/Documents/Elections_Regulations_and_Guidelines_-_2004_Elections_eng.pdf
Last updated: 2007-10-10 14:14:53 UTC
ME38 What, if any, is the maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
b. The law does not specify any limits on paid advertising X
Comments: The Electoral Act of 1998 and the Public Funding of Represented Political Parties Act of 1997 are wholly silent on the subject of private income expenditue.
Last updated: 2007-10-10 14:13:30 UTC
ME55 What, if any, is the maximum amount that a presidential candidate is permitted to spend on paid advertising?
Last updated: 2007-10-10 14:02:10 UTC
ME56 What are the laws, if any, which govern the disclosure of campaign advertising expenditures by political parties and candidates?
Last updated: 2007-10-10 14:02:10 UTC
ME57 What, if any, is the maximum amount that a media outlet can charge parties/candidates for advertising during the campaign?
Last updated: 2007-10-10 14:02:10 UTC
ME58 How does this maximum amount (identified in question C.15.1) affect the political participation of smaller or newly formed parties?
Last updated: 2007-10-10 14:02:10 UTC
ME59 Are televised debates between candidates or party representatives normally conducted?
b. Yes, in legislative elections
Source: EISA Election Observer Mission Report: South African National and Provincial Elections 12-14 April 2004, 14, [www] http://www.eisa.org.za/PDF/sa04eomr.pdf.
Last updated: 2007-10-10 14:13:30 UTC
ME60 What legal requirements, if any, regulate the participation of candidates or party representatives in media debates?
Last updated: 2007-10-10 14:02:10 UTC
Parties and Candidates
PC01 What are the registration requirements for political parties running for national elections (Chamber 1)?
b. Deposit requirement (specify amount)
f. Other
Comments: b. A registration fee of R500 and proof of publication in the Gazette of a notice of application. f. To qualify for registration, a party must submit details about its constitution, name, distinguishing mark and symbol, abbreviated name, and if already represented in a legislative body, proof of registered voter support. Once a party is so registered, its name, symbol, etc. are protected and it can participate in elections.
Source: Electoral Commission Act 1996, 15; Regulations 2004, 3, 4.
Last updated: 2007-10-10 12:32:12 UTC
PC02 What are the registration requirements for political parties running for national elections (Chamber 2)?
g. Not applicable
Comments: The National Council of Provinces is comprised of a delegation of ten members from each of the nine provincial legislatures and each delegation has one vote. Members of a delegation are allocated to parties in proportion to their seats in the provincial legislature of that province.
Source: Constitution of the Republic of South Africa 1996, Articles 60(1), 61(1), 65(1), Schedule 3, Part B.
Last updated: 2007-10-05 08:40:04 UTC
PC03 What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
a. Age
b. Citizenship
f. Registration
Comments: Every citizen who is qualified to vote for the National Assembly is eligible to be a member of the Assembly. People who are unrehabilitated insolvents, declared to be of unsound mind or have been sentenced to more than 12 months imprisonment without the option of a fine are disqualified.
Source: Constitution of the Republic of South Africa 1996, Article 47(1).
Last updated: 2007-10-10 12:32:12 UTC
PC04 What are the legal qualifications to become a candidate at legislative elections (Chamber 2)?
k. Not applicable
Comments: The National Council of Provinces is comprised of a delegation of ten members from each of the nine provincial legislatures and each delegation has one vote. Members of a delegation are allocated to parties in proportion to their seats in the provincial legislature of that province.
Source: Constitution of the Republic of South Africa 1996, Articles 60(1), 61(1), 65(1), Schedule 3, Part B.
Last updated: 2007-10-10 12:32:12 UTC
PC08 Can independent candidates compete in presidential or legislative elections?
a. Neither in presidential nor legislative elections
Comments: Members of the National Assembly are elected by proportional representation from party lists. The President is elected from the members of the National Assembly. No provision is made for independent candidates.
Source: Electoral Act of 1998, 26, 27.
Last updated: 2007-10-10 12:32:12 UTC
PC12 Do political parties receive direct/indirect public funding?
b. Direct
c. Indirect
Comments: Parties represented in Parliament and provincial legislatures receive public funding on an on-going basis and not specifically for elections.
Source: Public Funding of Represented Political Parties Act 1997, 5(1),(2).
Last updated: 2007-10-10 12:32:12 UTC
PC15 What is the basis of the public funding?
c. Based on current legislative representation
e. Other
Comments: Funds are allocated according a formula that takes into account the proportion of members a party has in the National Assembly and the provincial legislatures and a minimum threshold amount to ensure equity. Accordingly 90% of the allocation of the financial year is paid in proportion to each party's aggregate seat representation in the sum of the seats of the National Assembly and Provincial legislatures. The remaining 10% is divided among the provinces proportionately to the number of seats in each province and the provincial allocations are divided equally among the parties in each legislature.
Source: Public Funding of Represented Political Parties Act 1997, 5(1),(2). Public Funding of Represented Political Parties Regulations, 1998, 4.
Last updated: 2007-10-10 12:32:12 UTC
PC17 Are political parties entitled to private funding?
a. Yes
Comments: The Electoral Act of 1998 and the Public Funding of Represented Political Parties Act of 1997 are alike wholly silent on the subject of private funding.
Source: LODGE, T & SCHEIDEGGAR, U 2005, South Africa: Country Report based on Research and Dialogue with Political Parties, International IDEA/EISA
Last updated: 2007-10-05 09:53:43 UTC
Vote Counting
VC04 Following the close of the voting, where are the votes first sorted and counted?
a. At the polling stations
Comments: The counting of votes may be undertaken by the presiding officer (if appointed a counting officer) or by another so appointed. Counting may take place at the polling station or at some other venue.
Source: Electoral Act 73 1998, Article 76, 77.
Last updated: 2007-10-05 10:29:25 UTC
VC11 Under what conditions are ballots recounted?
d. By request
e. Court order
Comments: d. An agent may object to an alleged inaccuracy in the counting of the votes,the objection must be made to the counting officer in the prescribed manner at any stage before certain set time and the counting officer must decide the objection in the prescribed manner and whether to order a recount. The IEC and its officer are empowered to resolve objections, appeals and code of conduct disputes through conciliation. Election petitions are heard by the courts with the Electoral Court acting as final court of appeal. Parties must submit complaints within 48 hours of the announcement of results.
Source: Electoral Act 73 1998, Article 49, 55, 56, 96, 103, 103A.
Last updated: 2007-10-05 10:29:25 UTC
Voter Education
VE01 Who conducts voter education and information campaigns at the national elections (informing where, when and how to register and vote)?
a. National Electoral Management Body
g. NGOs/ Civic Organizations
h. Political parties/ candidates
i. Media
Comments: Among the functions of the Independent Electoral Commission (IEC) are to "promote knowledge of sound and democratic electoral processes" and to "promote voter education". The IEC selects and accredits voter educators and provides resources for education programmes. In addition, other stakeholders, such as NGOs, political parties and the media play an important role in voter education.
Source: Electoral Commission Act 1996, 5(1)(d),(k), 86. EISA Election Observer Mission Report: South African National and Provincial Elections 12-14 April 2004, 14, [www] http://www.eisa.org.za/PDF/sa04eomr.pdf.
Last updated: 2007-10-23 09:24:56 UTC
VE02 At the national level, how often are voter education programs conducted?
a. Continuously
Comments: Voter education is continuous. However the INdependent Electoral Commission has experienced difficulties in finding appropriate staff to run the programme, so it has not been able to attain the goals set for it.
Source: Interview with Lydia Young, Public Relations Officer, 23 October 2007.
Last updated: 2007-10-23 09:14:44 UTC
VE03 Is there a national civic education campaign (rights and responsibilities of citizens)?
b. Yes, conducted by the National Electoral Management Body
e. Yes, conducted by the Government
f. Yes, conducted by the Regional Governments
g. Yes, conducted by the Local Governments
h. Yes, conducted by NGOs/ Civic Organizations
k. Yes, conducted by Religious Institutions
Comments: b.h.) Civic education included in the voter education campaign. e.f.g.)Some provinces are piloting civic education curricula in schools.
Source: Ballington, Julie, Assistant Programme Officer,International Institute for Democracy and Electoral Assistance, j.ballington(a)idea.int, 12/7-01 Hussain, Ismael, Judge, Member of Electoral Commission, Independent Electoral Commission of South Africa, baletaY(a)elections.org.za, interview in Stockholm 30/6-01 Mpumlwana, Nandisile Thoko Flavour, Member of Electoral Commission, Independent Electoral Commission of South Africa, mpumlwanat(a)elections.org.za, interview in Stockholm 30/6-01
Last updated: 2007-10-23 09:24:56 UTC
Voting Operations
VO03 Where can electors vote?
a. At a specified polling station in the locality where they are registered at national elections
e. At mobile polling stations
Comments: Voters must vote in their voting district, whether at a standing polling station or a mobile one. Voters who will be absent from their voting district may apply to the Presiding Officer for a special vote which enables them to vote before election day.
Source: Electoral Act 1998, 38(1), 64-67, esp 64(1). Lodge, T 2004 Handbook of South African Electoral Laws and Regulations, 2004, EISA, 45.
Last updated: 2007-10-10 11:35:25 UTC
VO04 Who can vote from outside the country?
c. Citizens outside the country (including those on vacation)
d. Members of the armed forces
e. Students
f. Diplomatic staff
g. Other
Comments: Voters who wish to vote must fill in a special form and forward it to the Chief Electoral Officer.
Source: Electoral Act 1998, Article 33(1)(a),(e). Lodge, T 2004 Handbook of South African Electoral Laws and Regulations, 2004, EISA, 44-45.
Last updated: 2007-10-10 11:35:25 UTC
VO05 If voting outside the country is permitted, at what places?
a. Embassies
Source: Lodge, T 2004 Handbook of South African Electoral Laws and Regulations, 2004, EISA, 45.
Last updated: 2007-10-10 11:35:25 UTC
VO10 Is there a maximum allowable voter capacity of a polling station for the national elections?
b. No Na
Last updated: 2007-10-04 13:13:28 UTC
VO11 How do electors cast their votes?
a. By manually marking the ballot
Source: Electoral Act 1998, 38(6)(b).
Last updated: 2007-10-10 11:35:25 UTC
VO12 How many staff are assigned to each polling station?
a. The smallest polling station: 3
b. The largest polling station: 46
Last updated: 2007-10-04 13:13:28 UTC
Voter Registration
VR01 What is the legal voting age in the national elections?
c. 18
Source: Constitution of the Republic of South Africa 1996, Article 46(1)(c).
Last updated: 2007-10-10 11:09:02 UTC
VR02 Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
a. Citizenship
Source: Electoral Act 73 1998, Articles 8(1).
Last updated: 2007-10-10 11:09:02 UTC
VR04 Which is the authority responsible for the registration of voters for national elections?
d. Election Management Body (specify)
Comments: The Chief Electoral Officer, appointed by the Independent Electoral Commission, must compile and maintain a national common voters' roll.
Source: Electoral Act 73 1998, Article 11-14.
Last updated: 2007-10-10 11:09:02 UTC
20/05/2008 07:20
